Panaji: The Bombay High Court in Goa has set aside a notification released last year on the standard of ‘blue flag’ certification standards for Miramar Beach as the central government in the “most causal” refried rights to the activity proposed in eco-sensitive zone activities “.
The central government has not issued public notification in this case Klausa (a) Sub-Rule (3) Rule 5 of the rules and seizes stakeholders the opportunity to submit their objections.
“With the absence of the real public interest involved in such public notification dispensation, the central government cannot own, in the most casual, shared with such requirements and seizing opportunities for the community to object to the activities proposed in ECO -Sensitive activities, said the court.
In notifications on January 9, 2020 issued based on environmental rules (protection), 1986, the government issued public notification requirements.
In the 2019 notification, it is stated that certain structures / facilities must be permitted in the coastal regulatory zone (CRZ) can maintain a minimum distance 10m from a high tide (HTL) to get a blue flag certification at 12 beaches, including Miramar.
It was questioned in the litigation of the public interest submitted by Kashinath Shetye and others.
The Petitioner shows that if public notification has been issued, then they will submit K Introducing them by showing that most of the proposed facilities already exist on Miramar Beach, and therefore, to allow facilities such as 10 meters to a distance of 10 meters.
HTL can produce disproportionate environmental damage.
Nassel Nigel Da Costa Frias, which appears for the applicant, argues that there is no public interest or urgency situation, based on such public notifications can be submitted by the Centrer Chodankar, Advisor standing the central government, saying that public notification dispensation is a public interest, and delivered that there is Public consultation and intermina consultation.
Therefore, it is considered appropriate to issue public notification requirements based on the rule, Chodankar stated, and said that this decision had the support of the ministers concerned.
After considering the argument, the court said, “The central government, after the challenge, must explain by placing relevant material, the reason and the situation in which the notice under the clause (a) rule 5 of these rules comes to be discarded.
We recommend that recital ‘public interest’ In a downgraded notification or Dixit IPSE in the defense affidavit is not enough in such things, “said the High Court.
Affidavit doesn’t even try to answer what the public interest issued in expenditure with public notification, the court records.
Neat HC center above no public notification for the blue flag process
